“Landowners who earn credits would have a vested interest in increasing the value of their credits. The value can be increased by either more stringent regulation or reduced species populations that require a reduction in the number of credits available.”

“Typically, 'good-faith negotiations' do not portray the buyer holding a gun to the seller's head. These negotiations have been tinged with bad-faith since April, when the City told property owners they had to be out of their homes by New Year's Eve. Mr. Green can pretend he's dealing in good faith, but he's really playing with a corked bat.”

“ESA-related costs are paid in an inequitable way. Although Congress determined in 1973 that the preservation of endangered species was in the interest of the U.S. as a whole, Congress did not arrange for the nation as a whole to bear the costs of recovery. Instead, these costs are largely borne by the private landowners on whose property rare species are found, regardless of the ability of any particular landowner to bear these costs.”